Employment Law: Unlawful Termination in New Zealand

The Employment practice area in New Zealand focuses on the rights and responsibilities of both employers and employees. One important part of this area is Unlawful Termination, which deals with situations where an employee is unfairly dismissed from their job.

What is Unlawful Termination?

Unlawful termination happens when an employee is let go from their job without a good reason or without following the proper process. In New Zealand, the law protects employees from being unfairly dismissed. This means that if you believe you were fired for the wrong reasons, you may have a case.

Examples of Unlawful Termination

• Firing for Discrimination: If an employee is dismissed because of their age, gender, race, or disability, this is considered unlawful. For instance, if a woman is fired because she is pregnant, this is discrimination.
• Retaliation: If an employee reports unsafe working conditions and is then fired as a result, this could be seen as unlawful termination. For example, if someone is dismissed after raising concerns about workplace safety, they may have a valid claim.
• Not Following Proper Procedures: Employers must follow certain steps before dismissing an employee. If they skip these steps, the termination may be unlawful. For instance, if an employee is fired without a warning or a chance to improve their performance, this could be unfair.

What Can You Do?

If you believe you have been unlawfully terminated, it is important to seek advice. You can contact the Employment Relations Authority or a legal professional who specialises in employment law. They can help you understand your rights and what steps to take next.

Conclusion

Unlawful termination is a serious issue that affects many workers in New Zealand. Understanding your rights can help you take action if you find yourself in this situation. Remember, you have the right to fair treatment at work.